Isa Rahim Abdul-Aziz, Complainant,v.John E. Potter, Postmaster General, United States Postal Service, Agency.

Equal Employment Opportunity CommissionDec 3, 2009
0120092737 (E.E.O.C. Dec. 3, 2009)

0120092737

12-03-2009

Isa Rahim Abdul-Aziz, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.


Isa Rahim Abdul-Aziz,

Complainant,

v.

John E. Potter,

Postmaster General,

United States Postal Service,

Agency.

Appeal No. 0120092737

Agency No. 1K-204-0009-09

DECISION

Complainant filed a timely appeal with this Commission from the agency's

final decision dated May 28, 2009, dismissing his complaint of unlawful

employment discrimination in violation of Title VII of the Civil

Rights Act of 1964 (Title VII), as amended, 42 U.S.C. � 2000e et seq.

Upon review, the Commission finds that complainant's complaint was

properly dismissed for failure to state a claim.

During the relevant period, complainant worked as a Maintenance Mechanic

at a District of Columbia area facility. Complainant filed a formal

EEO complaint alleging that the agency discriminated against him on

the bases of race (Afro-Latino-American) and religion (Muslim) when

(1) on January 5, 2009 and unspecified dates, a manager (S1) followed

complainant on his service calls and (2) on February 3, 2009, S1 and a

supervisor followed complainant into an area adjacent to his work area

and told complainant that only he was restricted from the work area.

The agency dismissed complainant's complaint pursuant to 29 C.F.R. �

1614.107(a)(1). The agency stated that complainant was not harmed

by the agency's action so was not aggrieved. The instant appeal

from complainant followed. On appeal, complainant provided documents

(including a subsequent formal complaint) showing further allegations

of harassment by agency management.

After a careful review of the record, the Commission finds that

complainant failed to show that he suffered harm or loss with respect

to a term, condition, or privilege of employment for which there is

a remedy1 or that the actions as alleged are sufficiently severe or

pervasive to alter the conditions of complainant's employment. See Harris

v. Forklift Systems, Inc., 510 U.S. 17, 21 (1993). Based on the above,

we AFFIRM the agency's final decision dismissing complainant's complaint.

We note that complainant included similar claims in his subsequent formal

complaint that he submitted on appeal and inform him that he may be able

to use the instant matters as "background evidence" for the subsequent

allegation of harassment.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M1208)

The Commission may, in its discretion, reconsider the decision in this

case if the complainant or the agency submits a written request containing

arguments or evidence which tend to establish that:

1. The appellate decision involved a clearly erroneous interpretation

of material fact or law; or

2. The appellate decision will have a substantial impact on the

policies, practices, or operations of the agency.

Requests to reconsider, with supporting statement or brief, must be filed

with the Office of Federal Operations (OFO) within thirty (30) calendar

days of receipt of this decision or within twenty (20) calendar days of

receipt of another party's timely request for reconsideration. See 29

C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for

29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests

and arguments must be submitted to the Director, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 77960,

Washington, DC 20013. In the absence of a legible postmark, the request

to reconsider shall be deemed timely filed if it is received by mail

within five days of the expiration of the applicable filing period.

See 29 C.F.R. � 1614.604. The request or opposition must also include

proof of service on the other party.

Failure to file within the time period will result in dismissal of your

request for reconsideration as untimely, unless extenuating circumstances

prevented the timely filing of the request. Any supporting documentation

must be submitted with your request for reconsideration. The Commission

will consider requests for reconsideration filed after the deadline only

in very limited circumstances. See 29 C.F.R. � 1614.604(c).

COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0408)

You have the right to file a civil action in an appropriate United States

District Court within ninety (90) calendar days from the date that you

receive this decision. If you file a civil action, you must name as the

defendant in the complaint the person who is the official agency head

or department head, identifying that person by his or her full name and

official title. Failure to do so may result in the dismissal of your

case in court. "Agency" or "department" means the national organization,

and not the local office, facility or department in which you work. If you

file a request to reconsider and also file a civil action, filing a civil

action will terminate the administrative processing of your complaint.

RIGHT TO REQUEST COUNSEL (Z1008)

If you decide to file a civil action, and if you do not have or cannot

afford the services of an attorney, you may request from the Court that

the Court appoint an attorney to represent you and that the Court also

permit you to file the action without payment of fees, costs, or other

security. See Title VII of the Civil Rights Act of 1964, as amended,

42 U.S.C. � 2000e et seq.; the Rehabilitation Act of 1973, as amended,

29 U.S.C. �� 791, 794(c). The grant or denial of the request is within

the sole discretion of the Court. Filing a request for an attorney with

the Court does not extend your time in which to file a civil action.

Both the request and the civil action must be filed within the time

limits as stated in the paragraph above ("Right to File A Civil Action").

FOR THE COMMISSION:

______________________________

Carlton M. Hadden, Director

Office of Federal Operations

December 3, 2009

__________________

Date

1 See Diaz v. Department of the Air Force, EEOC Request No. 05931049

(April 21, 1994).

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2

0120092737

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Office of Federal Operations

P.O. Box 77960

Washington, DC 20013

3

0120092737